Morgantown Sex Crimes Attorney

The hierarchy of crimes differ based on the nature of the cat and those of sexual nature are counted as one of the most severe. Those convicted with sexual crimes may face life-altering consequences like hefty fines and long prison time in the state of West Virginia. The following are considered sexual crimes in West Virginia.

Sexual Assault (First Degree) – A person is convicted of sexual assault in the first degree in West Virginia when he or she is engaged in sexual intercourse or sexual intrusion with another person, and, in doing so, causes bodily injury, or uses a deadly weapon during the act. In West Virginia, you may also be accused and framed guilty of sexual assault in the first degree if the perpetrator of the crime is 14 or older and engages in sexual intercourse with a person who is younger than 12 (and with whom he or she is not married). Sexual assault in the first degree is considered a felony in West Virginia. If convicted of such a crime, the penalty is no less than 15 years and not exceeding 35 years in a state correctional facility. Besides, a person convicted of sexual assault in the first degree in West Virginia may be fined between $1,000 and $10,000

Sexual Assault (Second Degree) – A person is guilty of sexual assault in the second degree in West Virginia when he or she engages in intercourse with someone without consent or lack of consent resulting in forceful compulsion. Furthermore, a person may also be guilty of sexual assault in the second degree in West Virginia if he or she engages in intercourse with a person who is physically helpless or disabled. Sexual assault in the second degree is considered a felony in West Virginia. When convicted of such a crime, the penalty is no less than 10 years and does not exceed 25 years in jail.

Apart from this, a person convicted of sexual assault in the second degree in West Virginia may be fined between $1,000 and $10,000.

Sexual Assault (Third Degree) – A person May be guilty of sexual assault in the third degree when he or she engages in sexual intercourse or intrusion with someone who is “mentally defective or mentally incapacitated.” A person is also accused of sexual assault in the third degree in West Virginia if he or she engages in sexual intercourse or intrusion with a person younger than 16 (or someone at least four years younger than the defendant). Sexual assault in the third degree is considered a felony in the state of West Virginia. If convicted, the penalty is no less than one year and does not exceed 5 years in a state correctional facility. A fine of no more than $10,000 may also be assessed.

Sexual Abuse (First Degree) – A person may be guilty of sexual abuse in the first degree if he or she forces another person who is physically helpless to have sexual contact without consent. A person who is at least 14, and may subject another person 12 or younger to sexual contact is considered first-degree sexual abuse. Sexual abuse in the first degree is a felony in West Virginia. If convicted, the penalty is at least one year and no more than five years in a state correctional facility. A fine of no more than $10,000 may also be assessed. It should be noted that if the defendant is 18 or older and the victim is 12 or younger, then the penalty is no less than five years and does not exceed 25 years in a state correctional facility. A fine of as much as $5,000 may also be assessed.

If you have been charged with sexual assault or abuse, call a Martinsburg criminal lawyer from Mountaineer Criminal Law Group at (304) 381-3656 or contact us online to schedule a consultation at our Martinsburg, West Virginia office.